| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain obligations of and limitations on landlords |
|
|
regarding residential tenants' rental payments, late fees, and |
|
|
security deposits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 92.011, Property Code, is |
|
|
amended to read as follows: |
|
|
Sec. 92.011. [CASH] RENTAL PAYMENTS. |
|
|
SECTION 2. Section 92.011, Property Code, is amended by |
|
|
adding Subsection (b-1) to read as follows: |
|
|
(b-1) A landlord shall apply any payment received from a |
|
|
tenant to unpaid rent before applying the payment to a fee, charge, |
|
|
or other sum of money owed by the tenant that is not rent. This |
|
|
subsection applies without regard to the method of payment. |
|
|
SECTION 3. Section 92.019, Property Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (a-1) and (b-1) to |
|
|
read as follows: |
|
|
(a) A landlord may not charge a tenant a late fee for failing |
|
|
to pay rent unless: |
|
|
(1) notice of the fee is included in a written lease; |
|
|
(2) the fee is a reasonable estimate of uncertain |
|
|
damages to the landlord that are incapable of precise calculation |
|
|
and result from late payment of rent; [and] |
|
|
(3) the rent has remained unpaid one full day after the |
|
|
date the rent was originally due; and |
|
|
(4) the landlord has recorded the date and amount of |
|
|
the assessed fee in a record book or other recordkeeping system |
|
|
maintained by the landlord. |
|
|
(a-1) The record maintained by the landlord under |
|
|
Subsection (a)(4) must be made available for inspection on request |
|
|
by a tenant. A landlord may satisfy the requirement of this |
|
|
subsection by making the record available in electronic form. |
|
|
(b-1) A landlord may not charge a tenant a late fee on an |
|
|
unpaid amount that does not include unpaid rent and consists |
|
|
entirely of a fee, charge, or other sum of money owed by the tenant |
|
|
that is not rent, including a late fee charged under Subsection (a). |
|
|
SECTION 4. Section 92.104(c), Property Code, is amended to |
|
|
read as follows: |
|
|
(c) If the landlord retains all or part of a security |
|
|
deposit under this section, the landlord shall give to the tenant |
|
|
the balance of the security deposit, if any, together with a written |
|
|
description and itemized list of all deductions. [The landlord is
|
|
|
not required to give the tenant a description and itemized list of
|
|
|
deductions if:
|
|
|
[(1)
the tenant owes rent when he surrenders
|
|
|
possession of the premises; and
|
|
|
[(2)
there is no controversy concerning the amount of
|
|
|
rent owed.] |
|
|
SECTION 5. The changes in law made by this Act apply only to |
|
|
a lease entered into or renewed on or after the effective date of |
|
|
this Act. A lease entered into or renewed before the effective date |
|
|
of this Act is governed by the law as it existed immediately before |
|
|
the effective date of this Act, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 6. This Act takes effect September 1, 2019. |